Tort Law Essays

Free Tort Law Essays

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This memorandum analyses whether Marge Moe (referred to Mrs. Moe hereafter) can successfully sue the Springfield Municipal Council regarding the alleged lack of reasonable care taken to ensure her wellbeing. The primary parties comprise of Mrs. Moe and the Springfield Municipal Council. The main issue is whether Mrs. Moe is...

The classic definition of tort law is: tortuous liability arises from the breach of a duty primarily fixed by law; such duty is towards persons generally and its breach is redressable by an action for unliquidated damages....

The issue to discuss in this particular question is whether Miss Fortune may succeed in her claim for compensation for her injuries as a result of the negligence of Fast Renovations Ltd (hereafter referred to as FR Ltd) as well as MSc Constructions Ltd (hereafter MSc Ltd) who engaged FR...

Based on the website, (http://www.investorwords.com/5004/tort.html ) a tort is a civil wrong other than a breach of contract. The civil wrong means that any wrong done by citizens or person who may be unintentional, which results to damages such as death, personal injury, property damages, nervous shock or any consequential...

In order to assess the characters potential liability, it is necessary to look firstly whether the parties wishing to bring an action are able to bring a claim in nuisance. Nuisance was defined by Professor Whitfield as ‘unlawful interference with a person's use or enjoyment of land, or some right...

Mr Power, Area Manager, today handed me a brown envelope containing a copy of your letters dated 28th August 2009 and 15th September 2009. I note that both letters were sent to my old address of 312 Shirley Road. I moved from that address in March 2008 and informed Stewart...

To begin with the scenario deals with the issue of private nuisance. This is defined by Professor Winfield as an "unlawful interference with a person's use of enjoyment of land or some rights over it, or in connection with it." Not all interference's will constitute a nuisance. The interference will...

Negligence may be defined as ‘the breach of a legal duty to take care that results in damage undesired by the defendant to the claimant'. Negligence is an independent tort, which was established by Donoghue v Stevenson. Following Donoghue v Stevenson there was little development of the duty concept until...

"In the law of negligence, the neighbour principle enunciated by Lord Atkin in Donoghue v Stevenson (1932) AC 562, 580 provides an adequate basis on which to resolve duty of care questions" Discuss....

This essay aims at critically analysing some circumstances that the courts are likely to take into account when determining if a duty of care exists in a situation where by a victim brings a claim of negligence against the emergency services. This is due to the fact that these key...

Ziva and Tony seem to have committed the acts of conspiracy to commit murder and attempted murder in their actions towards Tony. There is also the liability imposed on Ziva and Tony for the hurt caused to Abby when she is injured by the bomb they planted to kill Eli....

One of the most tragic industrial disasters in the past few centuries, the Bhopal Gas Tragedy, was witnessed just after the midnight on 3rd of December, 1984 when a highly toxic gas Methyl Isocyanate (MIC) escaped from a tank killing many thousands and devastated the lives of tens of thousands...

Dr House decides to sell his private medical practice. In May, Dr Chase expresses an interest in purchasing the business and negotiations begin. Dr House, in the course of the negotiations, tells Dr Chase that “I am very busy at present and have more work than I could possibly want”...

Within tort law to establish if the compensation act 2006 has done little to address the problems of the compensation culture firstly it is important to define the term compensation and compensation culture. [2] The definition of compensation culture is defined as it is perfectly permissible for a...

(1) An important qualification, which very much reflects respect for the right to liberty, is the requirement which applies to all normal arrest powers that they can only be exercised if some for of "reasonable suspicion" is first established. The precise meaning of this term is rather vague, but it...

Whenever we try to influence another person through an exchange of ideas we are negotiating. Most of us knowingly or unknowingly are involved in one or the other form of negotiation. Examples include: drawing up contracts, fixing your salary for job, purchasing from roadside vendor etc. Even deciding on where...

(i) In another ward of the same hospital, Rupert aged 10, was suffering from leukemia and suffered seizures. His condition deteriorated rapidly and because of his fragility, the doctors treating Rupert have made a decision that artificial ventilation will not be given should he suffer another seizure. Rupert's family who...

Tort law is a law of wrongs. The term “tort” entails wrong.[1] According to John (2005), “Before tort was identified as a legal category in its own right, torts were known as ‘private wrongs'.”[2] In modern tort cases the view of the Judicial is defendants owe duties to abstain from...

This paper advised Cheryl as to whether or not the identified parties (Swansea Sprites, Danni and Simon) have acted (or indeed failed to act) in breach of the duty of care. Advice is offered in relation to each party separately, with a view to brevity and clarity of exposition. Relevant...

Slander and libel are not properly to be regarded as different torts but rather as different species of the same tort, namely that of defamation. Defamation has been defined in Winfield and Jolowicz as:...

The material facts of the case are: The claimant, Mrs Millward, a school teacher at Northfield and Thornbury school is making claims for a personal injury (post traumatic stress disorder) from the defendant (Thornbury school) on grounds of negligence on the admission process of SM which caused her to live...

Dear Mr. John Marsh, I have carefully read and understood all the legal issues involved in this matter. According to my expertise I consider you, being the general manager of Minnesota Vikings Professional Football Club, Inc. at a better position due to the fact that the plaintiff already agreed to...

The Tort of Negligence is a legal wrong that is suffered by someone at the hands of another who fails to take proper care to avoid what a reasonable person would regard as a foreseeable risk. In many cases there will be a contractual relationship (express or implied) between the...

“…There remains, in my opinion, just because ‘shock' in its nature is capable of affecting so wide a range of people, a real need for the law to place some limitation on the extent of admissible claims…” (Per Lord Wilberforce in McLoughlin v O'Brian [1982] 2 All ER 298)...

For damages to be claimable in tort law it must be established that the Defendant owed the claimant a duty of care, that the duty was breached and that this breach of duty caused the claimant some harm. Thus in this case Tom must show that Ken owed him a...

Defamation also called calumny, vilification, slander and libel is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image....

A water company having observed the directions of the Act of Parliament in laying down their pipes, is not responsible for an escape of water from them not caused by their own negligence. -The fact, that their precautions proved insufficient against the effects of a winter of extreme coldness, such...

According to oxford law dictionary the word omission means: ‘a failure to act' that means when a person is bound to do or act but he omits to do that or deliberately neglects it, it's called omission....

`The negligence formula is unfair to claimants as it places too many obstacles in the way of obtaining compensation for personal injuries. England & Wales should adopt an alternative system of redress to allow claimants to obtain the compensation they deserve'....